Land News Nevada

Nevada and Water Rights

Nevada and Water Rights

They say that in the 21st century water will be as valuable as gold in the American West. Since that will undoubtedly be true you are going to need to know as much about water rights as mineral rights. T. Boone Pickens, legendary oil man, isn't waiting for that eventuality. He made billions of dollars int he 20th century investing in oil and gas and he began the 21st century buying up water rights in Texas.

Nevada passed its first water law way back in 1866 and has made several amendments since. However, two things remain constant. One, all the water in the Silver State, whether underground or on the surface belongs to the public. Second, the use of that water is allocated on two tenets: prior appropriation and beneficial use.

Prior appropriation is known more familiarly as "first in time, first in right" and recognizes the rights of legacy water users in times of shortage as new uses for water are granted. The checklist for beneficial uses includes the usual suspects of irrigation, recreation, stock watering, mining, commercial and municipal uses.

The pithy catchphrase for those claiming beneficial use of Nevada water is "use it or lose it." Land owners can not speculate in water rights or hold on to rights without intending to use them. Water rights can, however, be transferred before they are lost forever and that has resulted in a lively market for selling water rights in the state. When such a transaction takes place if a Report of Conveyance is not filed the state has no way of knowing there has been a change of ownership and any dispute can end up in court.

Since 1903 all applications for water rights in Nevada must go through the State Engineer. Permits are required with exceptions for uses that pre-date law requirements (most of the state's natural surface water) and domestic water wells. Water from wells drilled on private land can be used for cooking and cleaning, gardens and lawns and family pets. The limit is two acre feet per year or a little more than 650,000 gallons.

When buying land in Nevada water rights are conveyed as an attachment to real property unless there is a provision in the sale to specifically exclude the deed of conveyance. Once in control of those rights it is possible to change the water's point of diversion, the manner of its use and the place of its use by filing an application with the State Engineer.

So when shopping for land in Nevada it is critical to know your rights - water rights. Before you get too far in your negotiations consult a water rights expert to make sure you will have the liquid gold you need in the "Pending Water Apocalypse."

Nevada

The most famous landowner in Nevada has been widower Ben Cartwright who ran the Ponderosa Ranch with his three sons (all by different wives) on NBC's iconic western drama, Bonanza. The Ponderosa spread across 937 square miles of timberland on the eastern shore of Lake Tahoe, North America's largest alpine lake that straddles the Nevada border with California. The landscape was so enticing it lured the show off its Hollywood soundstage to film on location and the Nevada set was a popular tourist attraction for decades after the series wound up in 1973.

Viewers of the fourteen seasons of Bonanza would find it difficult to reconcile the verdant Ponderosa with the reality of Nevada that is virtually all semi-arid desert. Route 50 that traverses the central part of the state through the Great Basin has been tagged "The Loneliest Road in America" for its desolation. These "lonely lands" offer affordable land to bargain hunters in the northern Nevada counties of Humboldt, Lander and Elko.

Nevada has been called the Silver State ever since the Comstock Lode was uncovered in 1859 and made the nearby town of Virginia City the richest on earth. More than 85% of Nevada land is public and metal detecting is still a popular activity here. Others value the open country for hiking, mountain biking and horseback riding. Nevada is the driest state in America, averaging less than seven inches of rain per year so outdoor plans are rarely scuttled.

Come winter Nevadans pursue their passions in the Sierra Nevada mountains where enough snow falls that Squaw Valley was tabbed to host the 1960 Winter Olympics. Nevada boasts 172 mountain summits with 2,000 feet of prominence, more than any state in the Lower 48. Those peaks support 15 full-service ski resorts and over 500 square miles of virgin snow for backcountry adventures.

All of that and Las Vegas too.

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